The Law of Patents for Inventions, 1837: Including the Remedies and Legal Proceedings in Relation to Patent Rights (Classic Reprint)

Excerpt from The Law of Patents for Inventions, 1837: Including the Remedies and Legal Proceedings in Relation to Patent Rights

The subject of Patent Rights has become of great impor tance in the United States, on account of the number of persons interested in them, their influence on the progress of the useful arts, and the numerous judicial decisions relating to them. The exclusive privilege granted to inventors, by the act of 21 James I., c. 3, has, until within a few years past, been regarded with jealousy in English jurisprudence, as being a surviving branch of monopolies, all of which, excepting those for new manufac tures, were suppressed by that act. Patents have, however, been recently regarded with greater indulgence, by the English courts. In the United States they have always been fairly sustained, and patentees have been regarded with favor, as pioneers in the advancement of the productiveness of the national industry; and much light has been shed upon this branch of law by the elaborate opinions given by the most eminent judges in the national courts, particularly the late Chief Justice Marshall, and the other judges in the Supreme Court, and by Mr. Justice Washington in the Circuit Court for Pennsylvania, and Mr. Justice Livingston and Mr. Justice Thompson in that for New York. But it is no injustice to the other eminent jurists of the country to say, that this depart ment of law has been more especially indebted to the learning and talents of Mr. Justice Story, the records of whose indefati gable research and luminous expositions, will be found in many parts of this volume.

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